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Andy Fastow has been sentenced to six years in prison for his role in the Enron debacle. Although he was eligible to receive up to 10 years in prison, according to the Washington Post, the sentencing judge indicated that he was deserving of a more lenient prison terms because "his family has suffered enough." Indeed, Fastow's wife already has served one year in prison for tax crimes associated with helping Fastow hide gains stemming from his fraudulent schemes.

Ironically, Fastow's sentence comes on the same day that Bernie Ebbers is set to go to prison to begin his 25 year sentence. As the Washington Post indicates, the discrepancies between these two sentences seems jarring. On the one hand, one can argue that such differences reflect the distinction between those defendants who cooperate with the prosecution as did Fastow, and those who do not. On the other hand, the discrepancies could be viewed as a reflection of how inexact the sentencing process is, and in turn, how inexact the process as a means of punishing and deterring white collar crime.

I certainly recognize that one of the things that happens when you use the criminal justice system to regulate these kinds of crimes is that we focus on individuals, and hence every sentence depends on people's individual circumstance. From that perspective, I think it is too easy to condemn the entire process by comparing the different sentences handed out in these cases--something I believe occurs too often. Yet I still find myself wondering if the differences between the financial impact of WorldCom and Enron--to the extent that such an impact reflects the measure of the kind of terms we expect to be imposed--merit a near 20 year sentencing difference between those deemed responsible for improper conduct? I also wonder if there is a 20 year sentence difference in the culpability and responsibility between Ebbers and Fastow. Thus, even though I know I probably shouldn't, I find myself drawing comparisons between the two sentences. Those comparisons raise questions for me that make me uneasy about the process, even if I can agree with the prosecutions themselves.

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Andy Fastow has been sentenced to six years in prison for his role in the Enron debacle. Although he was eligible to receive up to 10 years in prison, according to the Washington Post, the sentencing judge indicated that he was deserving of a more lenient prison terms because "his family has suffered enough." Indeed, Fastow's wife already has served one year in prison for tax crimes associated with helping Fastow hide gains stemming from his fraudulent schemes.

Ironically, Fastow's sentence comes on the same day that Bernie Ebbers is set to go to prison to begin his 25 year sentence. As the Washington Post indicates, the discrepancies between these two sentences seems jarring. On the one hand, one can argue that such differences reflect the distinction between those defendants who cooperate with the prosecution as did Fastow, and those who do not. On the other hand, the discrepancies could be viewed as a reflection of how inexact the sentencing process is, and in turn, how inexact the process as a means of punishing and deterring white collar crime.

I certainly recognize that one of the things that happens when you use the criminal justice system to regulate these kinds of crimes is that we focus on individuals, and hence every sentence depends on people's individual circumstance. From that perspective, I think it is too easy to condemn the entire process by comparing the different sentences handed out in these cases--something I believe occurs too often. Yet I still find myself wondering if the differences between the financial impact of WorldCom and Enron--to the extent that such an impact reflects the measure of the kind of terms we expect to be imposed--merit a near 20 year sentencing difference between those deemed responsible for improper conduct? I also wonder if there is a 20 year sentence difference in the culpability and responsibility between Ebbers and Fastow. Thus, even though I know I probably shouldn't, I find myself drawing comparisons between the two sentences. Those comparisons raise questions for me that make me uneasy about the process, even if I can agree with the prosecutions themselves.

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